1. SER John A. Scites, Jr. v. Jay Hoke, Judge , No. 051542 (Filed 6/22/05)
Defendant whose direct criminal appeal of his conviction of Second Degree Sexual Assault was granted by this Court and remanded for consideration of error by circuit court, seeks issuance of a writ of mandamus against circuit court to enter a final ruling on the issue remanded by this Court.

2. SER Richard D. Murray, Sr. v. Morgan County Circuit Court, No. 051516 (Filed 6/28/05)
Defendant, convicted of second and third offense DUIs, seeks issuance of mandamus, arguing that he is not receiving credit for 288 days served.

 3. SER Thomas Henderson v. Mark Karl, Judge, No. 051564 (Filed 7/18/05)
Defendant seeks mandamus against circuit court for a final ruling in his underlying habeas case.

 4. SER Robert Leo Mattingly v. Division of Corrections, No. 051732 (Filed 8/3/05)
Prisoner seeks issuance of mandamus to obtain credit for time served while on home confinement.

 5. SER Joseph E. Howard v. Pocahontas County Circuit Court, No. 051770 (Filed 8/18/05)
Prisoner, convicted by jury of Burglary and Grand Larceny and sentenced to Life for recidivism, seeks issuance of mandamus to obtain rulings from lower court on his pending motions for copies of file materials and transcripts.

 6. SER James W. Berry, Sr. v. Wayne County Circuit Court, No. 051825 (Filed 8/24/05)
Defendant, convicted of sexual abuse crimes, seeks mandamus against circuit court to rule upon pending motions for appointment of counsel, for recusal of judge and prosecutor and for appointment of special prosecutor and judge in habeas action.

 7. SER Donald Conway v. Hancock Circuit Court , No. 051945 (Filed 9/7/05)
Defendant, pro se, convicted by guilty plea to incest and sexual abuse, seeks issuance of a writ of mandamus arguing that the circuit clerk has not docketed his underlying habeas corpus petition as required by law.

8. SER Marcus Goodbar v. James Rubenstein, Commissioner, DOC, No. 052262 (Filed 10/5/05)
Prisoner seeks issuance of a writ of mandamus arguing that he is being illegally held in a single occupancy cell with another inmate.

Defendant seeks issuance of a writ of mandamus arguing that circuit court has not ruled upon pending motions in regard to his underlying habeas corpus petition.

10. SER Stanley M. Myers v. Col L. D. Lemon, Superintendent, No. 051608 (Filed 7/22/05)
Defendant, convicted by guilty plea of sexual offenses, seeks issuance of a writ of prohibition to bar state police and secretary of state’s office from making public on the Internet the addresses of registered sex offenders, arguing that such offenders have a right to privacy in regard to their physical addresses.

11. State of West Virginia v. Edward John Tenney, No. 052433 (Filed 10/31/05)
Defendant, convicted by jury of one count of Child Abuse Resulting in Bodily Injury and one count of Sexual Abuse of a Child by a Parent, appeals circuit court order sentencing him to serve consecutive 1-5 years and 10-20 years, arguing that the circuit court erred in denying his motion to suppress his inculpatory statements taken by police in violation of his right to counsel.

12. Louis Thompson v. Wheeling Park Commission , No. 051885 (Filed 8/31/05)
Plaintiff in slip and fall personal injury case appeals summary judgment entered in favor of defendant Wheeling Park Commission based upon circuit court’s finding that Defendant, a political subdivision, was immune from suit pursuant to W.Va Code Section 29-12A-5(a)(6).

13. Dante V. Camastro v. William D. Wilmouth et al., No. 052312 (Filed 10/18/05)
Plaintiff in an abuse of service of process suit appeals circuit court order which granted motion for summary judgment to Defendants based upon statute of limitations defense, arguing that the circuit court should have disqualified itself for bias and arguing that the statute of limitations had not expired prior to filing of abuse of service of process suit.

14. Caney Creek Contracting, Inc. v. Rudolph Lee, Jr. , No. 051913 (Filed 9/1/05)
Employer, found to have committed racial discrimination against employee, appeals circuit court order denying its appeal of that determination, arguing that the circuit court erred in denying Employer’s appeal based upon Employer’s argument that it did not create nor did it foster a hostile work environment; arguing that there was insufficient evidence of the alleged discriminatory conduct at the job site; arguing that such conduct did not rise to the level necessary to bring about a hostile work environment based on race; arguing that Employee failed to establish a case of disparate treatment for discriminatory discharge based upon race; arguing that the alleged discriminatory conduct at the job site cannot be imputed to the Employer; and arguing that the circuit court erred in finding that the Employer retaliated against Employee for filing a complaint with the WV Human Rights Commission.

15. In the Matter of: Malachi T. , No. 052190 (Filed 10/3/05)
Father appeals circuit court order terminating his parental rights, arguing the circuit court erred by denying the Father/ Petitioner’s Motion to Dismiss based upon failure to obtain personal service on Father, and arguing that the circuit court erred by adjudicating the Father/Petitioner to be a neglectful parent and by terminating his parental rights.

16. In the Matter of: Gregory W., April A., Jamie S., & Robert S., No. 052361 (Mother’s Appeal) (Filed 10/21/05)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in its finding that the conditions of abuse and neglect could not be substantially corrected in the near future, arguing that the circuit court erred when it did not consider alternatives to termination of parental rights as a disposition, and arguing that the Mother was prejudiced by the untimely entry of the dispositional order in this case.

17. In the Matter of: Gregory W, April A, Jamie S, Robert , No. 052362 (Father’s Appeal) (Filed 10/21/05)
Father appeals circuit court order terminating his parental rights, arguing that the circuit court deprived the Father of his Due Process rights and protections ensured by child abuse and neglect case law by denying him a fair hearing, and that the circuit court erred by finding that the conditions of abuse and neglect could not be substantially corrected in the near future.

18. In the Matter of: Sophie A. , No. 052366 (Filed 10/21/05)
Uncle appeals circuit court order terminating his legal and custodial rights to niece, arguing that the circuit court erred in terminating Petitioner/Uncle’s custodial rights to niece, while at the same time considering him as a potential adoptive placement, arguing that the circuit court erred in finding that separation of niece from her siblings was in her best interest, and arguing that the circuit court erred in concluding that niece’s best interests were served by a new placement for adoption with unrelated parties, rather than the uncle, her relative, despite finding that the niece had or was at risk for having an inability to bond due to numerous placements, and whether the circuit court erred in terminating visitation between Sophie and her siblings?

19. In the Matter of: Alissa W., and Andrea W. , No. 052454 (Filed 11/1/05)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in not granting her a post-adjudicatory improvement period and by terminating her parental rights.

20. In the Matter of: Chase Burton C. and Brooke A.C. , No. 052455 (Filed 11/1/05)
Father appeals circuit court order restoring legal custody of children to mother following children’s removal from mother based upon physical abuse of children by mother and completion of improvement period by mother.

21. In the Matter of: Summer K., No. 052481 (Filed 11/3/05)
Mother appeals circuit court order terminating her parental rights, arguing the circuit court erred by terminating the Mother’s parental rights without first granting her an improvement period.

22. In the Matter of: Alara C. and James C. , No. 052510 (Filed 11/7/05)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred by denying Mother a meaningful opportunity to improve conditions of neglect by failing to require DHHR to prepare and submit a family case plan, that the circuit court erred by adjudicating the children without clear and convincing evidence, by relying upon clearly erroneous facts in terminating Mother’s parental rights, and by denying the Mother an opportunity to be heard at the disposition hearing as required by W.Va. Code 49-6-5.

23. State of West Virginia v. Earl Saxton , No. 051912 (Filed 9/1/05)
The Petitioner seeks an appeal of his Jury Conviction for 3rd Offense Shoplifting (December 15, 2004) where he was sentenced to 1-10 years (July 8, 2005) in the penitentiary. He seeks a reversal. In the alternative, he seeks a new trial.

24. State of West Virginia v. Bridgette A. Dobbs , No. 051953 (Filed 9/8/05)
The Petitioner seeks an appeal of her sentence (April 6, 2005) on her guilty plea to Delivery of a Controlled Substance, Cocaine, a Schedule II Narcotic, Second Offense. She was sentenced to not less than 2 nor more than 30 years and given credit for time served. She requests a reversal and a sentence that is proportional to the offense, or a remand for a re-sentencing.

25. State of West Virginia v. Jeffrey Wayne Stewart, No. 052001 (Filed 11/1/05)
The Petitioner seeks an appeal of his jury conviction for two counts of Second Degree Murder (on December 9, 2004). The circuit court sentenced him to 40 years on each count and the sentences were to run consecutively (February 24, 2005). The Petitioner seeks a reversal of the conviction and a remand for a new trial.

26. State of West Virginia v. Christopher Grady , No. 052007 (Filed 9/15/05)
The Petitioner was convicted by a jury (on December 9, 2004) for obtaining goods by false pretense and for engaging in business without a business franchise registration certificate. He was sentenced (on January 27, 2005) to not less than 1 nor more than 10 years for felony obtaining goods under false pretense, and fined $5,000.00 for the crime of engaging in business without a franchise registration certificate. The Petitioner seeks to have the conviction for obtaining goods under false pretense vacated.

 27. State of West Virginia v. Charlotte W. Elza , No. 052075 (Filed 9/22/05)
The Petitioner seeks an appeal of the circuit court’s order (March 11, 2005) that denied her request to have court appointed legal counsel. She seeks to have counsel appointed, or a remand for a hearing on eligiility.

28. SER Wendell Ash v. Thomas McBride, Warden, No. 051697 (Filed 8/10/05)
The Petitioner seeks a Writ of Mandamus to compel the warden to take him out of the Quilliam unit at Mount Olive and return him to the general population.

29. SER Cordell Parrack v. Thomas McBride, Warden, No. 051771 (Filed 8/18/05)
The Petitioner seeks a Writ of Habeas Corpus alleging that his rights were violated when the circuit court sentenced him to 80 years for Aggravated Robbery. He also claims ineffective assistance of counsel.

30. SER David Wilkins v. Jerry Dietrick, Administrator, No. 052554 (Filed 11/15/05)
The Petitioner seeks a Writ of Mandamus to compel the DOC to give him dental care.

31. In the Matter of: Destaney Merinda C., No. 052363 (Filed 10/21/05)
The Petitioner/Father seeks an appeal of the circuit court’s (July 21, 2005) order that terminated his parental rights and found that he abused and/or neglected his child.

32. In the Matter of: Hanna; Tommy, Jr.; Samantha & Jennifer N. , No. 052379 (Filed 10/24/05)
The Petitioners jointly request an appeal of both the adjudicatory hearing (January 31, 2005) and the dispositional orders (June 13, 2005) that found their children sexually and emotionally abused, and that terminated their parental rights. They request that this Court reverse the findings of the circuit court that found the children were sexually abused and terminated their parental rights. In addition, they seek a remand for disposition under the 2003 case.

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